Sunday, 24 March, 2019


Texas judge dismantles Obamacare, ruling individual mandate unconstitutional

Texas judge dismantles Obamacare, ruling individual mandate unconstitutional Texas judge dismantles Obamacare, ruling individual mandate unconstitutional
Patty Aguilar | 15 December, 2018, 06:25

A federal judge in Texas has ruled that major elements of the Affordable Care Act are unconstitutional in his decision on a lawsuit brought by 20 Republican state officials and supported by President Donald Trump's Justice Department.

Twenty Republican state attorneys general brought the suit, Texas v. Azar, who asked the court to rule that the Affordable Care Act (ACA) violates the Constitution after Republicans managed to zero out Obamacare's individual mandate penalty with the Tax Cuts and Jobs Act past year.

Texas Attorney General Ken Paxton, who spearheaded the lawsuit, said the ruling "will give President Trump and Congress the opportunity to replace the failed social experiment with a plan that ensures Texans and all Americans will again have greater choice about what health coverage they need and who will be their doctor".

The decision will be immediately appealed, said California Attorney General Xavier Becerra, who led a group of blue states in intervening to defend the law.

"As I predicted all along, Obamacare has been struck down as an UNCONSTITUTIONAL disaster!"

Ending the act would eliminate current protections for those with pre-existing conditions, such as pregnancy, arthritis and diabetes.

Mr. Trump told Senate Majority Mitch McConnell and House Minority Leader Nancy Pelosi, poised to become speaker, to "get it done" in his tweets. United States, concluding that the individual mandate is unconstitutional and that, as a effect, the entire Affordable Care Act is invalid. Great news for America!'

Judge Reed O'Connor agreed with them, declaring the mandate and Obamacare "inseverable and therefore invalid".

"The remainder of the ACA is non-severable from the individual mandate, meaning that the Act must be invalidated in whole", O'Connor wrote, according to Bloomberg. The Supreme Court's reasoning in NFIB-buttressed by other binding precedent and plain text-thus compels the conclusion that the Individual Mandate may no longer be upheld under the Tax Power. 'It is like watching a slow game of Jenga, each party poking at a different provision to see if the ACA falls'.

At issue was the individual mandate, the provision in Obamacare that requires everyone to have health insurance or face a penalty in the form of a tax.

About 11.8 million consumers nationwide enrolled in 2018 Obamacare exchange plans, according to the USA government's Centers for Medicare and Medicaid Services.

Trump tweeted minutes after the ruling was reported, saying that "not surprisingly, ObamaCare was just ruled UNCONSTITUTIONAL by a highly respected judge in Texas".

The attorney for the suit, Robert Henneke, said the Affordable Care Act is no longer legal because Congress deleted the individual mandate in the GOP's tax bill previous year. They argued the judge should spare the rest of the law, which includes Medicaid expansion, the employer mandate, health exchanges, premium subsidies and federal health-care reimbursement rates for hospitals.

Recommended

loading...
...
  • Fentanyl Surpasses Heroin As Deadliest Drug In The US

    Fentanyl Surpasses Heroin As Deadliest Drug In The US

    Coroners and medical examiners often don't state exactly which drugs contributed to a death on a death certificate. On average, the US death rate involving fentanyl increased about 113 percent per year from 2013 to 2016.
    Pentagon: Offensive against Kurds in Syria 'unacceptable'

    Pentagon: Offensive against Kurds in Syria 'unacceptable'

    The YPG is the main group within the Syrian Democratic Forces (SDF), which now controls more than a quarter of Syria's territory. The first offensive dubbed "Euphrates Shield" began in August 2016 to stop the advance of Kurdish militia forces.
    Müller Almost Decapitates Ajax Player With Karate Kick Challenge

    Müller Almost Decapitates Ajax Player With Karate Kick Challenge

    Keeping his eyes on the ball, he tried to control a high ball but instead planted his studs into the head of Nicolas Tagliafico. Bayern topped Group E with the victory, although Ajax would have overtaken them if they had held on to their 2-1 lead.
  • Liverpool boss Klopp hopeful over injury knocks

    Liverpool boss Klopp hopeful over injury knocks

    According to Sky Sports , Matip suffered a broken collarbone injury during the clash with Napoli , and will require surgery to fix it.
    Chelsea condemn alleged anti-Semitic chanting against Vidi

    Chelsea condemn alleged anti-Semitic chanting against Vidi

    Sarri also said that fringe players Victor Moses and Gary Cahill were left out of the last game due to injury. If he has an offer of three years, he can of course choose something [a transfer away from Chelsea].
    Netflix's Taylor Swift Concert Documentary Trailer: Are You Ready for It?

    Netflix's Taylor Swift Concert Documentary Trailer: Are You Ready for It?

    The revelation came days after an obsessed stalker of Swift's was jailed for breaking into the star's New York City townhouse. Facial recognition technology is popping up around the world in shopping centres, airports and stadiums including in Britain.
  • Gaming firm settles VR lawsuit with Facebook-owned Oculus

    Court of Appeals for the 5th Circuit; the appeal was pending when ZeniMax reached the settlement with Facebook. More correctly, ZeniMax, Bethesda's parent company, has finally settled a lawsuit between Facebook and Oculus.
    Apple to Resolve Qualcomm's Patent Dispute Through a Software Update in China

    Apple to Resolve Qualcomm's Patent Dispute Through a Software Update in China

    As a result, Apple announced a few hours ago that it will launch a software update to resolve any possible patent infringement. Apple is claiming that iOS 12 does not infringe on either of the two patents at the core of the latest dispute with Qualcomm.
    Trump Inauguration Committee Under Criminal Probe

    Trump Inauguration Committee Under Criminal Probe

    Attorneys offices in the Southern District of NY in Manhattan and the Eastern District of NY in Brooklyn. Federal prosecutors have reportedly spoken with Gates about the committee's spending and donors.
  • Sondra Locke, actor and former partner of Clint Eastwood, dies at 74

    Sondra Locke, actor and former partner of Clint Eastwood, dies at 74

    The cause was cardiac arrest caused by brain and bone cancer, according to The Associated Press , which cited a death certificate. She is survived by her husband Gordon Anderson. "I don't have to worry about working", she said after the settlement was made.
    You Probably Haven't Heard of Many of Netflix's Most-Binged Series

    You Probably Haven't Heard of Many of Netflix's Most-Binged Series

    RIP any chance of Vincent D'Onofrio finally getting awards recognition for his Wilson Fisk. Again, that's if Disney opts to bring these characters back into the fold.
    Facebook offices evacuated after bomb threat

    Facebook offices evacuated after bomb threat

    In April, a lady opened shoot at its base camp in San Francisco , injuring three individuals previously she shot herself dead. The bomb squad swept the targeted building with explosive-detecting dogs but turned up no suspicious packages or devices.

Johnson & Johnson Shares Plummet After Report Of Asbestos In Baby Powder Johnson & Johnson Shares Plummet After Report Of Asbestos In Baby Powder It added that "studies of more than 100,000 men and women show that talc does not cause cancer or asbestos-related disease".

Supply shortages prompt government to pump the breaks on pot shops Supply shortages prompt government to pump the breaks on pot shops The original plan would have allowed an open market system without a limit to the number of pot shops allowed across the province. City of Ottawa Staff will report on the impact of the legalization of recreational cannabis on city services in late 2019.

The Pope fired a cardinal accused of pedophilia The Pope fired a cardinal accused of pedophilia The pope did not renew three of his closest nine cardinal councilors (C-9), but the Vatican has not explained the reasons. He has health problems which prevent him undertaking long-haul flying and he has not been attending C9 meetings.

Johnson & Johnson 'knew about asbestos in baby powder' It said nearly 12,000 plaintiffs were suing the company, claiming that its talc caused cancer. The World Health Organisation now recognises no safe level of exposure to asbestos.

Welcome MediaTek Helio P90, Google Lens, ARCore Support MediaTek officials claim that this chipset is an AI processing booster with ultra-fast performance and energy consumption. The mobile chipset supports 2-channel 1866 MHz LPDDR4x RAM (up to 8GB) and 21:9 Full HD+ (1080 x 2520 pixels) displays.

Yankees furious with ESPN over report about contaminated food Yankees furious with ESPN over report about contaminated food Among Chicago's venues, Soldier Field fared the worst, ranking 91st with 59.2 percent of high-level violations per inspection. CBS 11 emailed and called Legends Hospitality which provides food service at AT&T Stadium but we have not heard back.

Blair says United Kingdom must prepare for a second Brexit referendum Blair says United Kingdom  must prepare for a second Brexit referendum May was due to meet EU President Donald Tusk for what he called "last-minute talks" before joining the other European leaders. MORE: Who were Google's most-searched for people of 2018? I think that will be very sobering for the prime minister.

Lakers interested in Magic’s Terrence Ross, Heat’s Wayne Ellington Lakers interested in Magic’s Terrence Ross, Heat’s Wayne Ellington Orlando Magic guard Terrence Ross and Miami Heat guard Wayne Ellington have drawn interest from the Lakers, according to Deveney . Per source, the Lakers are mulling around the idea of giving up Kentavious Caldwell-Pope and a future first-round pick.

Camera InSight sent the first "self" Mars Camera InSight sent the first Mars' Elysium Planitia region (which sits just north of the equator) was picked exactly because of its mostly rock-free terrain. Since landing on Mars on November 26, NASA's InSight lander has been settling in and taking photos.

Migrant girl, 7, dies after arrest crossing border into US Migrant girl, 7, dies after arrest crossing border into US They were part of a group of 163 people who surrendered to CBP agents in New Mexico after crossing a remote stretch of desert. In Tucson, an ongoing lawsuit claims holding cells are filthy, extremely cold and lacking basic necessities such as blankets.

No deal in climate change talks would be 'suicidal — UN's Guterres No deal in climate change talks would be 'suicidal — UN's Guterres Negotiators from nearly 200 countries are making a last-minute effort to resolve differences on the rules that will govern the 2015 Paris climate accord.

Regal wedding for corporate scions Isha Ambani and Anand Piramal Regal wedding for corporate scions Isha Ambani and Anand Piramal Anand Piramal also colour-coordinated with Isha Ambani and wore and off-white sherwani. The Wednesday wedding saw the union of two Indian billionaire industrialist families.

Eagles QB Carson Wentz (back) could miss game vs. Rams Eagles QB Carson Wentz (back) could miss game vs. Rams He said: "Sometimes he just gets a little sore, a little tight, so we're just going to rest him today and evaluate him further". Wentz experienced a season-ending ACL and LCL tear in his left knee in a game against the Rams one year ago this past Monday.

Rep. Seth Moulton finally backs Pelosi speakership Rep. Seth Moulton finally backs Pelosi speakership She has already been nominated but will need to win a majority of House votes, around 218, to secure the speakership. Both told Politico they oppose term limits. "Pelosi rebels? No such thing". "Land the plane.

Bolton unveils plan to counter Russian Federation and China influence Bolton unveils plan to counter Russian Federation  and China influence Now that China actually turns Africa into the fastest-growing continent, the USA basically feels like they need to do a catch-up. The U.S.is developing a new initiative called "Prosper Africa" to expand U.S. economic interests and investment in Africa.